Company will not send truck title to me
I bought a 1998 Freightliner through my company as of July of 2005 the contract was paid in full.I have been asking for the clear title ever since.The home office keeps telling me they are going to send it but they have cotinued to lie to me.As of today 03/28/06 I still have no title and I can't get employed eleswhere to make more money because I am barely making ends meet making only 800.00 a month with 8 kids and my bills.What can I do and what are my rights to obtain a clear title since the company so called keeps forgetting to send it?
P.S. I do have a copy of the legal contract and a reciept of sale stating that it was paid in full.
1 Answer from Attorneys
Re: Company will not send truck title to me
You could try filing a lawsuit against the company in small claims (magistrate) court. Use the form entitled "Complaint To Recover Possession of Personal Property" and fill out the section for someone who is not a secured party. Ask the Court to enter an order compelling them to deliver the title properly signed over to you and to complete all necessary forms to transfer the title. Your local magistrate's court should have the forms you need. Attach a copy of the signed contract and the "paid in full" documentation to the form that you file with the Court. Small claims court is inexpensive and they encounter many people who do not use a lawyer because the controversies are small.
If they owe you wages, commissions, or the like, or if they claim you owe them money for something else (like being overpaid), it's a little more complicated than that and you ought to talk to a lawyer.